Bw letter for lowells on mums CAT debt run up by someone using her name

[Gmall]

Just wondering if anyone can help.

 

My mum received a letter for a debt which wasn't her that ran it up.

It was her ex partners son who started ordering from littlewoods and never paid it off.

 

The debt was for £1985 and was bought by lowell.

 

In September she had a letter from bw legal stating they will start legal proceedings to collect the debt.

I set up a payment plan in the short term to stop them from going further.

In the mean time i sent them a request for a statement of account and signed credit agreement on the 10th of September.

 

So far they have not managed to provide this information. Im just wondering what the next step would be now.

 

Thank you

[dx100uk]

stop payment is one option

 

when was this supposed cat debt started?

 

is it on her credit file?

 

shame you started paying..

if you read the letter properly it doesn't say WILL anything.

 

dx

[unclebulgaria67]

The date this Littlewoods account was taken out is important. It it was after April 2007, then it does not matter if they have a signed CCA or not to enforce in court. They need to supply a true copy of a CCA for the request made, but it does not need to contain a signature.

 

There will be a lot of excess charges applied by Littlewoods which can be claimed off the debt to reduce the debt amount. So your Mum needs to send a Data Protection Subject Access Request to Littlewoods and ask for copies of documents including all statements of account.

[Gmall]

I started reading up on bwlegal and saw alot of people getting the same kind of letters and then court proceedings. She doesn't need this at the minute so that was the easiest solution at the moment. I think roughly the interest added was around £1300 of that.

[dx100uk]

And you would have see 1000's that don't

 

So my 2 questions please

[fkofilee]

Dx is completely right, check the letter and see EXACTLY what it says.

 

Noddle & Clearscore Reports plz... Tell us what you see...

[Gmall]

It was a letter of claim that bw legal sent. I haven't got the letter to hand, will find it tonight. It shows on noddle as started 07/10/2007 and a default on the account in 2012.

[unclebulgaria67]

The CCA is mostly irrelevant given when it was taken out, as those issued after April 2007 don't need a creditor to provide a signed copy of the CCA to enforce in court.

 

As advised, a subject access request needs to go to Littlewoods to get hold of all records. In the letter, i would specifically ask for two bits of information.

 

Statements of account

Copies of orders made to them.

 

Statements of account to reveal excess charges applied that can be taken off the debt amount to reduce it.

 

Copies of orders to find out how Littlewoods accepted orders from someone other than the account holder. If Littlewoods accepted orders from ex partners son, without consent of your Mum, then this is something that can be used.

[Gmall]

From what i can gather it was all online. I will get the sars sent off though. Would the interest be regarded as an excessive charge? Looking at littlewoods excess now it seems like it could have been 34.9% apr.

[Old Cogger]

littlewoods more like the permanent 39.9%

[ericsbrother]

did she consent to her details being used to set up the account either at the time or since? Where were the goods dispatched to? This may reinforce UB's line of questioning or make the debt enforceable but TBH setting up a repayment plan hasnt helped your mum but continue with it until she gets the SAR results.

[Gmall]

If the interest can be reduced on the account she would rather pay it off than have to fight it and go through all that. I thought the credit agreement route would work. But after the replys it seems not.

[dx100uk]

then use the letters in the debt collection section of the library

[dx100uk]

but ofcourse if you sent our CCA request

and they've failed to reply it makes my spider senses go

 

 

did you also send the £1 FEE

[Gmall]

Thank you. I will have a look now

[Gmall]

I just used the online query section. I've spoken to someone online who stated they are still waiting on the information to come back. Its been 7 weeks since the request now

[dx100uk]

ah online to who?

shouldn't be doing that

 

 

that wont be an official request so you'll need to send lowells a CCA request

 

 

£1PO leave it BLANK and uncrossed

don't sign anything.

[Gmall]

It was to bwlegal as they are dealing with the account now. I assume they have asked lowell to ask littlewoods. I'll send the form and po off to lowell

[dx100uk]

yes they cant avoid that

and if they fail

put her in a very strong position

 

DONT be communicating by ANY method without asking

 

just remember

and tell your mum

 

a DCA is NOT A BAILIFF

they have no such legal powers

[Gmall]

Thanks for your help so far.